Protection Orders Research Articles

Release of Protected Test Information Under Protective Order: Viable Solution or Illusory Safeguard? An Interorganizational† Position Paper.

To critically examine the assumption that protective orders are adequately protective of sensitive psychological/neuropsychological test information. Attorneys at times claim that to adequately cross-examine neuropsychological experts, they require direct access to protected test information, rather than having test data analyzed by retained neuropsychological experts. As a compromise, judges sometimes order that protected test information be released to attorneys under a protective order. An appointed writing group of forensic experts developed a position paper addressing the history of protective orders and their presumed effectiveness in protecting psychological and neuropsychological test content. The expert panel consisted of 12 forensic neuropsychologists, a forensic neuropsychologist/attorney, and a forensic psychologist/attorney. Eight reasons are enumerated as to why protective orders do not sufficiently safeguard protected psychological/neuropsychological information and thereby jeopardize future use of the tests. Recommendations are provided to the expert witness practitioner for navigating demands by non-psychologists for direct access to protected test information. There is strong agreement within the practicing neuropsychology community that test security is a vital matter, which, if properly enforced, can ensure the validity of present and future psychological and neuropsychological assessments but, if ineffectively managed, will undermine such evaluations. Because the effectiveness of protective orders has not been, and cannot be, guaranteed, protected psychological and neuropsychological test information should not be released under aprotective order.

Challenges Identifying Domestic Violence in Chinese Judicial Practice: An Empirical Analysis of Personal Safety Protection Orders.

Domestic violence is a global social issue that not only poses a significant threat to the stability of families but also has a profound impact on the physical and mental well-being of family members. In China, due to the broad criteria for defining domestic violence in the Anti-domestic Violence Law, challenges have arisen in the practical handling of domestic violence cases. The study is based on 238 civil protection order rulings available on the China Judgments Online website for the year 2021. In China, the criteria for identifying domestic violence are not only still subject to theoretical debate, but contentious viewpoints have also translated into inconsistencies in judicial practice. This study aims to further assess the underlying reasons for the difficulties in identifying domestic violence in Chinese judicial practice and to propose recommendations for improvement.

Animals as Covictims and More-Than-Property: The Inclusion of Companion Animals in Protection Order Statutes at the State Level in the United States.

This article analyzes statutes in 37 U.S. states and Washington D.C. amended to include companion animals in definitions of domestic violence and to enable their inclusion in protection order (POs). The findings indicate that while the inclusion of animal abuse in definitions of domestic violence tends to frame their maltreatment in anthropocentric terms-as a vehicle for harming people-the language and consequences of their inclusion in some PO statutes position them as more-than-property, that is, more as subjects than objects. The analysis documents a temporal trend toward offering greater protections over time, greater bipartisan support for the amendments, and a shift from animals-as-property toward sociolegal recognition of their social membership and the ways their well-being is interconnected with that of the people who care for them.

Intimate Partner Violence: Access to Protection Beyond the Pandemic

Civil protection orders are the most common legal remedy victims pursue in response to intimate partner violence (“IPV”). They are more empowering for victims than the criminal legal system because victims themselves, instead of prosecutors, drive the process, and they offer more flexible and tailored relief. This Article argues that victims should be able to choose how they file petitions and participate in civil protection order hearings, and that judges should be required to honor those preferences absent good cause. This conclusion is driven by two new, original sets of empirical data collected from IPV survivors who have sought civil protection orders and legal services providers who assist victims with navigating the process. The data from legal services providers provide a picture of court protective order procedures in jurisdictions across the country from before, during, and in the late stages of the COVID-19 pandemic, once public health restrictions were generally lifted. This complements the rich data about the lived experiences of survivors who sought a protection order against their abuser during the pandemic in one of New York City’s five family courts. 85% of participants in this study are women of color, whose lived experiences are especially important to understand because they comprise a population that is disproportionately impacted by IPV. The data indicate that IPV victims have diverse preferences with respect to method of participation in hearings, based on their varying needs, concerns, priorities, and circumstances. The current landscape of procedures across the country largely fails to account for this diversity by mandating a particular participation method or by allowing individual judges to do so in accordance with their own preferences. Based on the research results, this Article argues for codifying “accessible process pluralism” in state protective order statutes. This statutory framework would give petitioners the opportunity to indicate their hearing participation preference on the petition itself and require judges to follow these choices absent good cause, among other accessibility-focused provisions. By harnessing the innovations and lessons from the pandemic, this proposal promotes survivor empowerment and access to justice for both petitioners and respondents.

Penal Protection Orders and Intimate Partner Violence in the Netherlands: An Application of the Empowerment Process Model.

This study analyzed the experiences of 20 survivors of violence by partners with penal protection orders (POs) issued against them to explore the extent to which, how, and when POs (dis)empower. The results show that the extent to which POs result in survivors' enhanced sense of safety and ability to move on with their lives is dependent on specific circumstances and the PO impact on their sense of self-efficacy, including whether they obtain PO-related knowledge, report violations, refrain from contact with the ex-partner, and expect and received support from the criminal justice system and others. Implications for future research and practice are discussed.

At their fingertips: What is the impact of online reporting of domestic violence?

AbstractGlobal reports indicate that 307 million women have suffered physical or sexual intimate partner violence during the last 12 months. Yet, chronic underreporting of domestic violence (DV) is still a reality in the United States and worldwide. The process of going to a police station and reporting DV is extremely burdensome, leading to numerous psychological effects on the victim and lost opportunity cost of stopping the violence cycle. This study investigates the impacts of bypassing police contact by enabling online reporting and requesting of protective orders (POs) in Brazil. Through novel databases and by using a Synthetic Control, I find that online reporting of DV led to a 29.5% increase in the average monthly requests of POs. This translates to roughly 373 new requests of POs. Implications of these findings are discussed.

DOMESTIC VIOLENCE PROTECTION ORDER APPLICATION GAPS AS A VIOLATION OF HUMAN RIGHTS

The article examines the main gaps of the implementation of the new version of the Law on Protection Against Domestic Violence, which entered into force in Lithuania on the 1st of July 2023, and its accompanying legislation. The topic analysed in the article is of great relevance today, because the number of criminal offences related to domestic violence in Lithuania is increasing. Domestic violence is defined as any form of physical, emotional, sexual or psychological abuse, it is a violation of human rights. The new version of the Law on Protection Against Domestic Violence introduced a new concept called the Domestic Violence Protection Order, which is a preventive protection measure designed to protect a victim of domestic violence, and which obliges abuser to move temporarily from the place of residence. This is an important step towards creating a secured society, however, there is a lack of information addressed to the problems of the implementation of Domestic Violence Protection Order in Lithuania in the context of the protection of human rights. It is therefore reasonable to investigate what problems are faced by police officers when issuing a domestic violence order and by the courts when dealing with complaints about compliance with the terms of the order issued. Thus, the object of the investigation is the Domestic Violence Protection Order. The aim of the article is to investigate the Domestic Violence Protection Order application gaps as a violation of human rights. The Objectives of the study are 1) To explore the concept of domestic violence and its legal regulation; 2) To carry out a case study of Lithuanian court practice of the Domestic Violence Protection Order application problems. The methods used for the investigation: analysis of literature and legislation and a case study of a court decision. To fulfil the purpose of the research, a specific case of court practice was analysed. In this case even several violations committed by police officers when issuing a domestic violence order for a person and checking the person's compliance with the terms of the domestic violence order were recorded and analysed in the court decision. It was found that despite police officers play an important role in ensuring the safety of the public, in some cases they decide without analysing and investigating the factual circumstances, without giving reasons and legal arguments. This creates several problems in terms of human rights protection. Thus, police officers in some cases violate the rights of the violent person and this highlights the problems faced by police officers when issuing a Domestic Violence Protection Order and by the courts when dealing with complaints about compliance with the terms of the order issued. A special attention of Lithuanian legislators should be given to these gaps of Domestic Violence Protection Order application as they can lead to the violation of human rights.

Dissonance, Discordance, and Disparity: The Impact of Differences in Papers, Processes, and People on Justice for Domestic Violence Survivors in South Africa

This article explores the disparate and idiosyncratic implementation of the protection order (PO) process at magistrates’ courts in South Africa’s Western Cape, and the impact of this discordance upon survivors of domestic violence seeking assistance from the justice system. Drawing upon qualitative research undertaken by the authors from 1999 to 2022, we highlight crucial differences in PO papers, processes and actors across magistrates’ courts. Contrary to claims that the law is unified and standardized—offering the “maximum level of protection” for all survivors across the country—we illustrate that protection order applicants instead have widely differing experiences, dependent on the procedures, street-level bureaucrats and local legal cultures of their court. These differences have an inequitable and arbitrary effect which often deprives domestic violence survivors of access to justice while blaming those very same applicants for failing to “follow the process”.

Extreme Risk Protection Orders in the United States: A Systematic Review of the Research

Extreme risk protection orders (ERPOs) are designed to protect against firearm violence and are a relatively new policy tool in the United States. As of April 2024, 21 states and the District of Columbia have enacted ERPO laws. This article presents a systematic review of the literature concerning ERPO laws, their use, and their effectiveness. Four main domains are considered in relation to the literature landscape: (a) formulation and passage of ERPO laws, (b) legal analyses of ERPO laws, (c) ERPO implementation, and (d) evaluations of ERPO laws. Thirty-six articles met our inclusion criteria and were analyzed. This systematic review provides the existing evidence regarding ERPO implementation and effectiveness and carves a pathway forward for future research, policy, and practice.

A multi-state evaluation of extreme risk protection orders: a research protocol

BackgroundExtreme Risk Protection Orders (ERPOs) are civil court orders that prohibit firearm purchase and possession when someone is behaving dangerously and is at risk of harming themselves and/or others. As of June 2024, ERPOs are available in 21 states and the District of Columbia to prevent firearm violence. This paper describes the design and protocol of a six-state study of ERPO use.MethodsThe six states included are California, Colorado, Connecticut, Florida, Maryland, and Washington. During the 3-year project period (2020–2023), ERPO case files were obtained through public records requests or through agreements with agencies with access to these data in each state. A team of over four dozen research assistants from seven institutions coded 6628 ERPO cases, abstracting 80 variables per case under domains related to respondent characteristics, events and behaviors leading to ERPO petitions, petitioner types, and court outcomes. Research assistants received didactic training through an online learning management system that included virtual training modules, quizzes, practice coding exercises, and two virtual synchronous sessions. A protocol for gaining strong interrater reliability was used. Research assistants also learned strategies for reducing the risk of experiencing secondary trauma through the coding process, identifying its occurrence, and obtaining help.DiscussionAddressing firearm violence in the U.S. is a priority. Understanding ERPO use in these six states can inform implementation planning and ERPO uptake, including promising opportunities to enhance safety and prevent firearm-related injuries and deaths. By publishing this protocol, we offer detailed insight into the methods underlying the papers published from these data, and the process of managing data abstraction from ERPO case files across the multi-state and multi-institution teams involved. Such information may also inform future analyses of this data, and future replication efforts.RegistrationThis protocol is registered on Open Science Framework (https://osf.io/kv4fc/).

Voter Support for Policies Associated With Child Health as National Campaign Priorities

Policies that are associated with child health are rarely included in platforms of candidates for national political office. Candidates may underrecognize voter support for such priorities or perceive that such policy issues are not sufficiently divisive to appeal to partisan voters. Key policy questions associated with child health may be considered by the next Congress, including the consistency of Medicaid coverage across states and restoring the recently lapsed refundable child tax credit. To examine voter support for candidates regarding policies that are associated with child health. This nationally representative survey of registered US voters 18 years or older was conducted from March to April 2024 and included a survey-based randomized experiment to evaluate the association of message framing with voter support. Messages conveying distinct rationales for Medicaid reform and refundable child tax credit. Likely or definite support for candidates. In this sample (unweighted N = 2014; 1015 women [51.0%]), most respondents indicated they would likely or definitely vote for candidates who expressed strong support for all tested policies: extreme risk protection order (79.5%), school threat assessment (73.1%), expanded childcare (69.6%), refundable child tax credit (66.6%), federalization of Medicaid (66.0%), paid parental leave (65.5%), free school meals (65.6%), safe firearm storage and enforcement (62.9%), preventing Medicaid disenrollment for children younger than 6 years (61.9%), universal free preschool (61.6%), and summer nutrition programs (57.9%). More women than men expressed support for all tested policies. Strong majorities of Democrat and Independent voters would support candidates who endorsed child-focused policies; fewer than 50% of Republican voters expressed such support, except for the extreme risk protection order and school threat assessment. Variations in framing language regarding consistent Medicaid coverage across states were not associated with amplified or diminished voter support. Framing the refundable child tax credit as benefiting "hard-working" vs "low-income" families garnered significantly more support among men (67.0% vs 59.0%), privately insured individuals (72.0% vs 64.4%), and Republicans (54.6% vs 43.0%; all P < .05). The study results suggest that most voters favor candidates who strongly support policies that are associated with child health. Voter support differs substantively by gender and political party affiliation and may be associated with language choices in messaging about policy change.

Suicide Prevention Effects of Extreme Risk Protection Order Laws in Four States.

More than half of suicide deaths in the United States result from self-inflicted firearm injuries. Extreme risk protection order (ERPO) laws in 21 states and the District of Columbia temporarily limit access to firearms for individuals found in a civil court process to pose an imminent risk of harm to themselves or others. Research with large multistate study populations has been lacking to determine effectiveness of these laws. This study assembled records pertaining to 4,583 ERPO respondents in California, Connecticut, Maryland, and Washington. Matched records identified suicide decedents and self-injury method. Researchers applied case fatality rates for each suicide method to estimate nonfatal suicide attempts corresponding to observed deaths. Comparison of counterfactual to observed data patterns yielded estimates of the number of lives saved and number of ERPOs needed to avert one suicide. Estimates varied depending on the assumed probability that a gun owner who attempts suicide will use a gun. Two evidence-based approaches yielded estimates of 17 and 23 ERPOs needed to prevent one suicide. For the subset of 2,850 ERPO respondents with documented suicide concern, comparable estimates were 13 and 18, respectively. This study's findings add to growing evidence that ERPOs can be an effective and important suicide prevention tool.

Deaths Related to Domestic Violence in Washington State.

Domestic violence (DV; including intimate partner and family violence) is associated with heightened lethality risks, yet limited research has comprehensively assessed the connection between DV and fatal violence considering both homicides and suicides. Understanding the fatal consequences of DV can point to missed opportunities to support individuals and their families. To assess the proportion of violent deaths that were connected to DV and describe contacts with the legal system or social services prior to each DV-related fatality. This cross-sectional study used quantitative and qualitative data from the National Violent Death Reporting System (NVDRS) for all individuals who died by homicide or suicide in Washington from January 1, 2015, to December 31, 2020. Analyses were conducted from August 1, 2022, to September 30, 2023. A multipronged approach was used to assess DV history using existing NVDRS variables, leveraging data from prior review of NVDRS death narratives, applying a validated natural language processing tool, and linking related deaths. Domestic violence was recorded as yes or no, but the decedent's role in the abusive relationship (ie, experiencing or enacting DV) could not be differentiated. To describe system involvement prior to each death, keyword searching and hand review of NVDRS death narratives were used. A total of 7352 intentional violent deaths (1192 homicides [16.2%]; 6160 suicides [83.8%]) with known circumstances were recorded in Washington during the study period. Of these, 948 deaths (12.9%) were connected to DV (624 [65.8%] among males; mean [SD] age at death, 45.3 [19.2] years), including 588 suicides (62.0%) and 360 homicides (38.0%). For 420 DV-related deaths (44.3%), there was evidence to suggest that the person who died or their intimate partner(s), family, or cohabitants had prior contacts with the legal system or social services. Specifically, 318 records (33.5%) mentioned prior contacts with law enforcement or the criminal legal system (eg, prior 9-1-1 calls, criminal convictions), and 225 (23.7%) described engagement with social services or the civil legal system (eg, civil protection order, divorce, or child custody problems). In this cross-sectional study, 12.9% of violent deaths in Washington were connected to DV. The findings suggest that more resources are needed to support law enforcement, court professionals, and social services specialists to proactively identify and refer families to wraparound supports before the situation can escalate to a fatality.

Intent vs Impact: A Qualitative Investigation of Domestic Violence and Extreme Risk Protective Order Gun Prohibitions in Two States

Intent vs Impact: A Qualitative Investigation of Domestic Violence and Extreme Risk Protective Order Gun Prohibitions in Two States

R v Noor: a landmark case in female genital mutilation prosecution

This article on the case of R v Noor (2024) discusses the second successful UK prosecution under the Female Genital Mutilation Act 2003, marking a significant legal precedent in addressing female genital mutilation. It underscores the critical role of midwives in detecting, reporting and caring for victims, highlighting the intersection of healthcare, law and ethics in combating this practice. By examining the case of Amina Noor, who took a child abroad for female genital mutilation, the article elucidates the legal ramifications of such acts. It stresses the importance of midwifery awareness, education and collaboration with legal entities to protect women and girls. The article advocates for continuous professional development, the use of legal tools such as female genital mutilation protection orders and a Commissioner to prevent female genital mutilation, emphasising the collective responsibility of healthcare professionals in eradicating this harmful practice and safeguarding vulnerable individuals.

Nurses as Petitioners: A Legal Mapping of State Extreme Risk Protection Order Laws.

Gun violence is a leading public health concern in the US; subsequently, firearm-related violence prevention is a top priority for policymakers. Extreme risk protection order (ERPO) laws are a state-level attempt to reduce gun-related injuries and deaths. These court-issued orders prohibit people found to be dangerous to themselves or others from temporarily purchasing or possessing a firearm. Six states (Colorado, Connecticut, Hawaii, Maryland, Michigan, New York) and the District of Columbia have passed or amended their laws to include nurses as ERPO petitioners. The study's purpose was to conduct a review of state ERPO laws that included nurses as petitioners. Using a legal mapping approach, information on nurse ERPO petitioning was extracted from the seven jurisdictions. ERPO laws with nurse petitioners were passed between 1999 and 2023. Nurse petitioners included advanced practice registered nurse (n = 3), clinical nurse specialists (n = 3), nurse practitioner (n = 3), professional nurse (n = 2), and register nurse (n = 1). Psychiatric/mental health (n = 2) and school nurses (n = 2) were specified. Statutes differed in the handling of disclosed health information as part of the ERPO petition, as well as how health information would be handled by the court (e.g. sealed by the court, confidential by the court, returned to provider/disposed of post-hearing/order.) Three statutes exempted petitioners from civil and/or criminal liability, if petitions were submitted in good faith. Two of these states extended protection from liability to all petitioners, while one only referenced petitioners who were healthcare providers. The study findings have important policy, clinical, and research implications.

Violence Risk or Writing Quality? Predicting Relief Outcomes from Protective Order Narratives.

Civil orders of protection (OPs) are the only victim-initiated legal intervention for intimate partner violence. The OP process is unique because victims write a narrative account of abuse to inform judges' decision-making. Historically, feminist scholars have considered OPs as empowering to victims, as they can signal strength-based change and requesting needed relief. OPs also serve as an important tool for some mothers who need temporary protection related to child custody and visitation. Studies of OP narratives have found that content related to future risk is associated with securing an OP, including allegations of physical and severe violence, suggesting that OPs provide needed protection. At the same time, the OP process is disempowering for some women. The content and quality of survivors' OP narratives vary greatly, and studies have found that well-written accounts are positively associated with securing OPs, uncovering the potential influence of judges' implicit biases. This study used logistic regression to explore how violence risk and writing quality related to the receipt of emergency OPs in a sample of 90 petitions filed by women with minor children in a large Midwest County. As expected, violence severity was positively associated with securing an OP, controlling for the mention of other cases/orders and legal representation. However, the association was no longer significant when writing quality was considered; specifically, greater readability was associated with being granted an OP. Linear structure and appearance of narratives were not related to OP outcomes. Findings underscore the ongoing need to explore how the written narrative requirement of the OP process (dis)empowers survivors and the role implicit biases may play in judicial decision-making in civil OP proceedings.

Differentiating crossover youth: Examining psychological characteristics in a multicultural Australian youth justice cohort

The association between childhood maltreatment and juvenile offending has been well-established, with a significant proportion of justice-involved young people being found to have child protection service histories. However, it is unclear what psychological factors contribute to this complex relationship. This study aimed to compare levels of impulsivity, impulsive aggression, psychopathology, and a sensitivity to anger, as well as gender and ethnocultural background, across justice-involved youth with and without a child protection history. The study sample comprised 215 young people detained in juvenile detention centers across two sites in Victoria, Australia between July 2011 and June 2012. Measures of impulsivity, impulsive aggression, internalizing and externalizing behaviors, and sensitivity to anger were administered and compared amongst those who had previously been the subject of a child protection order and those without such histories. Results of logistic regression analyses indicated that impulsivity and impulsive aggression were independently associated with having a child protection history in justice-involved youth. Ethnocultural background was also significantly associated with having a child protection history. Implications for clinical practice and future research are discussed.

Healthcare Professionals and Extreme Risk Protection Orders: A Concise Review.

Extreme risk protection orders (ERPOs) are one policy mechanism to address the critical public health problem of gun violence. The inclusion of healthcare professionals with ERPOs is a promising approach to expanding ERPO utilization, yet early evidence has not been examined. The purpose of this study was to synthesize the current research on healthcare professionals and ERPOs. Cumulative Index of Nursing and Allied Health Literature (CINAHL), PubMed, Academic Search Complete, and Web of Science were searched. Studies examined healthcare professionals' role and function within the context of ERPOs. Relevant studies were reviewed and included through consensus of the authors. Data extracted included authors, objective, design, states, healthcare professional type, mental health professional type, healthcare professional roles/involvement and key outcomes. There is unfamiliarity with ERPOs among healthcare professionals. Healthcare professionals lack ERPO knowledge and are unclear about ethical and legal ERPO liability. The available evidence suggests that healthcare professionals have an important role in ERPOs, but critical gaps in ERPO knowledge, training/resources, and liability will limit use and effectiveness of healthcare professionals, including nurses, in the role of ERPO petitioner.

State efforts to enforce firearm dispossession through relinquishment laws

Research SummaryAlthough federal law prohibits firearm possession by individuals who have been convicted of a disqualifying offense and those who are subject to certain domestic violence protective orders (DVPOs), it does not provide a mechanism for enforcing firearm dispossession. Some states have adopted relinquishment laws to enforce firearm possession restrictions among prohibited persons following a disqualifying status or conviction. To date, limited research has assessed the statutory characteristics of firearm relinquishment laws related to DVPOs. We build on this work by assessing DVPO and conviction‐based relinquishment statutes, including legislative changes through time, to identify gaps in policy.Policy ImplicationsOur analysis revealed that many states still lack statutory elements that are expected to increase the likelihood of firearm dispossession, such as requiring the court to order relinquishment, strict standards for providing proof of firearm transfer or some form of compliance verification, and provisions that authorize law enforcement to recover unrelinquished firearms. The absence of such elements may facilitate unlawful firearm retention by those who become prohibited possessors. States might consider adopting relinquishment provisions that outline clear requirements for actors (i.e., judges, prohibited possessors, law enforcement) at each stage of the process to ensure that firearms are relinquished following a disqualifying conviction or DVPO.